Terms of Business
In this document:
1.1 Entech means Entech Commercial Limited.
1.2 The Client means all those persons who own the business, who shall be liable jointly and severally to pay the fees.
1.3 The Supplier means the energy supplier from whom prices are quoted or a contract is agreed.
1.3 The document headed “Letter of Authority” and the conditions set out therein constitute the contract between the Client and Entech. Any additional terms will be incorporated within a separate letter addressed to the Client.
2.1 Professional fees are payable to Entech, on the total contract sum for the estimated annual energy usage of the client. These fees are amortised over the duration of the energy contract and included in the energy contract price.
These fees are paid by the Supplier directly to Entech.
2.2 The Client becomes liable to pay professional fees on the occurrence of any of the events set out in clauses 4.1, 7.1, 7.2, 7.3, and possibly 9 below and payment becomes due on the date of completion of the energy contract. For the avoidance of doubt, if Entech are engaged by a client to advise and broker a contract on that clients behalf, and for any reason the client decides not to complete on the contract, then Entech will invoice for full payment of the fees
from the client.
2.3 Entech reserves the right to charge interest on overdue fees (both before and after any formal judgment) at the rate of 5% above the National Westminster Bank base rate as varied from time to time.
2.4 All fees and expenses will be subject to VAT at the prevailing rate.
3. Negotiation Expenses
Responsibility for contract negotiation costs where applicable (e.g. special credit applications, non-standard contractual terms etc.) and other expenses will always be pre-agreed with the client with an estimate of costs given and confirmed in writing. Where it is agreed that the vendor will pay for these additional costs and expenses they will be payable by the client within 7 days of invoicing.
4. Sole Agency
4.1 This means that the Client appoints Entech (by Letter of Authority) as the only agent to act on behalf of the client in respect of negotiation and conclusion of their energy contract.
4.2 Entech will provide the best market offers available and will make a written recommendation to the client.
4.2 Entech will claim the respective professional fees, as a percentage of the total energy consumed within the energy contract on a monthly basis from the relevant supplier.
5. Joint Agency
5.1 This means that the Client appoints and advises Entech of one other named joint agent to act in conjunction with one another for the procurement of the energy contract.
5.2 The Client shall pay to Entech the joint agency fees (being the joint agency fees specified in the Entech agency agreement of the total annual contract value of the energy), or such other percentage or sum as may be agreed and
confirmed in writing by Entech), if contracts for the provision of energy are agreed with a supplier introduced and quoted by Entech..
6. Term and Termination
6.1 In normal circumstances where Entech has been appointed by Letter of Authority, that document will remain in effect and Entech will continue to represent the Client for a period of 12 months or the duration of the contract agreed with any supplier. This agreement will continue at the end of the agreed period until/unless cancelled by either party in writing.
6.2 If there is no such term agreed in accordance with Clause 6.1 above, either party may terminate the agreement on giving not less than 28 days written notice to the other.
7. Dual Fee Liability
There may be a dual fee liability if:
7.1 Another agent had previously been instructed to act on behalf of the Client on a sole agency or joint agency basis;
7.2 Another agent is instructed during or after the period of an agreed sole agency or joint agency with Entech.
7.3 The Client has already knowingly or unknowingly signed up to a new energy contract whilst engaging the services of Entech.
8. Statutory Obligations/Codes of Practice
8.1 Entech complies strictly with the provisions of the relevant Codes of Practice of the National Energy Marketers Association and OFGEM.
8.2 Entech is required to disclose to prospective clients any connection that the supplier may have with Entech or any member of Entech staff so that all parties to any transactions are aware of possible conflicts of interest.
9. Contract Particulars
On receipt of instructions from the Client, Entech will prepare particulars of the contract offers and contract documentation, copies of which can be forwarded to the Client for information. The Client is required notify Entech within 48hrs if they do not wish to accept the recommended contract otherwise Entech as the authorised representative of the client will accept the contract on behalf of the client (as per the Letter of Authority).
10. Entech Services
In addition to the procurement of commercial energy contracts, Entech offers a wide range of energy related services which may be beneficial to the client and from which Entech may receive fee income and commission.
Company Number 2599090
Regd. office: 5 Greengates, Cardale Park, Harrogate, HG3 1GY